DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to because the images of Figures 12-22 and 24 are not of sufficient quality such that all details in the drawings are reproducible in the printed patent [MPEP 608.02 V-VII]. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention [37 CFR 1.84(b)]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 4 is objected to because of the following informalities: the claim recites the laser diode produces a class 3R laser rather than a class 3R laser beam. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, the metes and bounds of the claim limitation “the system of claim 1, wherein two or more systems are physically coupled to each other” cannot be determined by the examiner. It is unclear to which system “two or more systems” refers. If the claim is referring back to the system of claim 1, how could the system include a duplicate of itself?
Claim 14 is rejected due to its dependency on claim 13.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-7, 10 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Bendett et al. (US 2008/0077200) in view of Boutoussov et al. (US 2014/0113243).
[Claim 1] Bendett discloses a system (laser handpiece system, Fig. 1A-B, E #100) for providing laser treatment, the system comprising:
a control module (handpiece #140) comprising a housing (handpiece housing, Figs. 1A-B, E #132), a display (Fig. 1E #117), a processor (laser controller/power controller, Figs. 1A-B, E #152), and a non-transitory computer-readable medium having executable instructions encoded thereon such that, when executed, cause the processor to operate a laser module (computer readable medium stores programs and or computer executed instructions that are loaded into the handpiece) [pars. 0086-0093]; and
a laser module (laser emitting assembly, Figs. 1A-B, E #111) configured to couple to the control module, wherein the laser module comprises a laser diode [par. 0091].
Bendett does not disclose one or more removable laser modules configured to couple to the control module, wherein each of the one or more laser modules comprises a laser diode, and wherein the control module is configured to interchangeably receive one of the one or more laser modules.
Boutoussov discloses an analogous laser handpiece with interchangeable laser diode module (Fig. 3 #306A, 306B and 306C) to provide different wavelengths [par. 0029].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the system of Bendett with interchangeable laser diodes as taught by Boutoussov in order to enable the system to operate a different wavelengths to improve the versatility of the system by providing varying treatment wavelengths.
[Claim 2] Bendett discloses a battery module (power module, Figs. 1A-B, E #150, which includes a battery) configured to couple to the control module, thereby providing an energy source to the control module [par. 0086].
[Claim 3] Bendett discloses a companion user interface (remote controller, Fig. 1B #141) configured to connect to the control module (via a wireless receiver/controller, Fig. 1B #112B) [par. 0087].
[Claim 5] Bendett discloses the processor is configured to dynamically control (programmable emission parameters) the laser light emitted by the laser diode [pars. 0081, 0092].
[Claim 6] Bendett discloses the processor is configured to dynamically control the laser light emitted by the laser diode by modulating a pulse (duration and/or number) of a laser emitted from the diode [par. 0092].
[Claim 7] Bendett discloses the pulse is modulated by adjusting a width (duration), a frequency (number), or a duty cycle of the laser light [par. 0092].
[Claim 10] Bendett discloses the system is configured to be handheld (laser handpiece system, Fig. 1A-B, E #100).
[Claim 15] Bendett discloses a method for providing laser treatment, the method comprising:
obtaining a laser therapy device (laser handpiece system, Fig. 1A-B, E #100), wherein the laser therapy device comprises:
a control module (handpiece #140) comprising a housing (handpiece housing, Figs. 1A-B, E #132), a display (Fig. 1E #117), a processor (laser controller/power controller, Figs. 1A-B, E #152), and a non-transitory computer-readable medium having executable instructions encoded thereon such that, when executed, cause the processor to operate a laser module (computer readable medium stores programs and or computer executed instructions that are loaded into the handpiece) [pars. 0086-0093];
selecting, by a user, a treatment program (programmable emission parameters) from the display or a companion user interface (remote controller, Fig. 1B #141) coupled to the control module [pars. 0081, 0087, 0092].; and
executing, by the processor, the treatment program, the executing including powering the one or more laser diodes and dynamically controlling a light emitted from the one or more laser diodes [pars. 0081, 0092].
Bendett does not disclose one or more removeable laser modules configured to couple to the control module, wherein each of the one or more laser modules comprises one or more laser diodes, and wherein the control module is configured to interchangeably receive one of the one or more laser modules.
Boutoussov discloses an analogous laser handpiece with interchangeable laser diode module (Fig. 3 #306A, 306B and 306C) to provide different wavelengths [par. 0029].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the system of Bendett with interchangeable laser diodes as taught by Boutoussov in order to enable the system to operate a different wavelengths to improve the versatility of the system by providing varying treatment wavelengths.
[Claim 16] Bendett discloses executing the treatment program further comprises modulating a pulse (duration and/or number) from the one or more laser diodes of the laser module [par. 0092].
[Claim 17] Bendett discloses modulating the pulse includes adjusting a width (duration), a frequency (number), or a duty cycle of the laser light [par. 0092].
[Claim 18] Bendett discloses directing the laser therapy device to an area to be treated, such that the modulated pulse contacts the area to be treated [par. 0058].
[Claim 19] Bendett discloses the laser therapy device further includes a battery module (power module, Figs. 1A-B, E #150, which includes a battery) configured to couple to the control module, thereby providing an energy source to the control module [par. 0086].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bendett et al. (US 2008/0077200) in view of Boutoussov et al. (US 2014/0113243) as applied to claim 1 above, and further in view of Thyzel (US 2011/0301581).
[Claim 4] Bendett discloses a laser diode but does not disclose the laser diode produces a class 3R laser beam.
Thyzel discloses an analogous laser treatment device that uses a laser light source having an average output power of less than 5 mW which falls under laser classification 3R [par. 0026].
It would have been obvious to one of ordinary skill in the art before the effective filing date to use a laser diode producing a class 3R laser beam as taught by Thyzel in order to provide the required laser output for treatment.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bendett et al. (US 2008/0077200) in view of Boutoussov et al. (US 2014/0113243) as applied to claim 2 above, and further in view of An et al. (CN 117937059 A - US 2025/0079592 is cited as a convenient English language translation).
[Claims 8-9] Bendett discloses a battery but does not disclose the battery module further comprises a fan.
An discloses a battery module (Figs. 1-2 #110) comprising an integrated fan (Figs. 3-4 #152) [par. 0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date to use a battery module having an integrate fan as taught by An in order to provide heat dissipation for the laser system by drawing a flow of air in through the laser module through the housing and out through the fan.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Bendett et al. (US 2008/0077200) in view of Boutoussov et al. (US 2014/0113243) as applied to claim 1 above, and further in view of Whale (US 2003/0181949).
[Claim 11] Bendett discloses using optics at the distal end of the handpiece [par. 0086] but does not disclose a radionics coil coupled to the laser module.
Whale discloses an analogous laser treatment system comprising a radioinics coil (copper induction coil, Fig. 4 #13) positioned distal to a light source (Fig. 4 #19) to provide additional inductive treatment therapy [pars. 0053-0054].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system to include a radionics coil distal to the laser diode as taught by Whale in order to provide inductive treatment therapy.
[Claim 12] Whale discloses a removable glass retainment dome (Fig. 4 #18) but does not specify that the radionics coil is removable. However, it would have been obvious to one of ordinary skill in the art before the effective filing date to make the radionics coil removable in order to provide a user the option to provide only light therapy. The court has held it is obvious to make elements separable, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Claims 13-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bendett et al. (US 2008/0077200) in view of Boutoussov et al. (US 2014/0113243) as applied to claim 1 and 15 above, respectively, and further in view of Sawyer (US 2024/0139538).
[Claim 13] Bendett does not disclose wherein two or more systems are physically coupled to each other.
Sawyer discloses an analogous light therapy system comprising multiple light therapy systems (Fig. 2A #20) wherein the light therapy systems may be coupled together via a multi-device connection member (Fig. 6A #60) [pars. 0014, 0069].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system to include a multi-device connection member as taught by Sawyer in order to align the light therapy systems together such that the light emissions from both systems are oriented parallel to each other and do not overlap.
[Claim 14] Sawyer discloses a companion user interface (remote control device, Figs. 2A, 4 #40), wherein the companion user interface is configured to synchronously and/or asynchronously control (individually or as a group) the two or more systems [par. 0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the companion user interface taught by Bendett to control multiple laser systems as taught by Sawyer in order to synchronously and/or asynchronously control the two or more systems [par. 0052]
[Claim 20] Bendett does not disclose connecting the laser therapy device to a second laser therapy device via a companion user interface; and controlling each of the laser therapy device and the second laser therapy device asynchronously and/or synchronously via the companion user interface and the processor.
Sawyer discloses an analogous light therapy system comprising multiple light therapy systems (Fig. 2A #20) wherein the light therapy systems may be coupled together via a multi-device connection member (Fig. 6A #60) [pars. 0014, 0069]. Sawyer discloses a companion user interface (remote control device, Figs. 2A, 4 #40), wherein the companion user interface is configured to synchronously and/or asynchronously control (individually or as a group) the two or more systems [par. 0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system to include a multi-device connection member as taught by Sawyer in order to align the light therapy systems together such that the light emissions from both systems are oriented parallel to each other and do not overlap.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system to include a multi-device connection member as taught by Sawyer in order to align the light therapy systems together such that the light emissions from both systems are oriented parallel to each other and do not overlap.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN J JENNESS whose telephone number is (571)270-5055. The examiner can normally be reached M-F 8:00-5:00 EST.
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/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 31 July 2026
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